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Agreement on the Rescue and Return of Astronauts and Objects Launched into Outer Space  

Irmgard Marboe

The Agreement on the Rescue and Return of Astronauts and the Return of Objects Launched into Outer Space (ARRA) of 1968 deals with the obligation of states toward astronauts in distress or in emergency situations and with the obligation to return space objects. It is the second of the five United Nations space treaties, after the Outer Space Treaty (OST) of 1967 and before the Liability Convention (LIAB) of 1972. The historical development of ARRA and how this agreement reflects the needs and interests of the two important space-faring nations at the time of its entry into force, the United States and the Soviet Union, are important factors for understanding the space race. ARRA is related to the OST and regards the various obligations of states concerning rescue and assistance as well as the return of astronauts, which stand in the middle between a general humanitarian duty and political and national security considerations. The return of space objects and the question of costs of rescue and return operations are important concerns and can be compared to the situation with the law of the sea, the United Nations Convention on the Law of the Sea (UNCLOS) of 1982 and the Convention for the Unification of Certain Rules of Law Respecting Assistance and Salvage at Sea (Salvage Convention) of 1989. ARRA has never been applied with respect to accidents or distress of astronauts or cosmonauts but several times with respect to the recovering and returning of space objects. Finally, current challenges, such as the commercialization and privatization of outer space activities need to be addressed. This includes the increased interests of private individuals to enter outer space (so-called space tourism) and the question of the application of the ARRA to suborbital flights. Many legal challenges created by technological progress can be resolved via an evolving interpretation and application of the ARRA. Yet, some issues might warrant a new legal framework.


Austrian National Space Law  

Cordula Steinkogler

The Austrian Outer Space Act, which entered into force in December 2011, and the Austrian Outer Space Regulation, which has been in force since February 2015, form the legal framework for Austrian national space activities. The elaboration of this national space legislation became necessary when the first two Austrian satellites were developed, to ensure compliance with Austria’s obligations as State Party to the five United Nations space treaties. The legislation comprehensively regulates legal aspects related to space activities, including the authorization, supervision, and termination of space activities; the registration of space objects; insurance requirements; and possibilities for recourse of the government against the operator. One of the main purposes of the law is to ensure the authorization of national space activities. The Outer Space Act sets forth the conditions for authorization, which, inter alia, refer to the expertise of the operator, requirements for orbital positions and frequency assignments, space debris mitigation, insurance requirements, and the safeguard of public order, public health, and national security, as well as of Austrian foreign policy interests and international law obligations. The Austrian Outer Space Regulation complements these provisions by specifying the documents the operator must submit as evidence of the fulfillment of the authorization conditions, which include the results of safety tests, emergency plans, and information on the collection and use of Earth observation data. Particular importance is attached to the mitigation of space debris. Operators are required to take measures in accordance with international space debris mitigation guidelines for the avoidance of operational debris, the prevention of on-orbit breakups and collisions, and the removal of space objects from Earth orbit after the end of the mission. Another specificity of the Austrian space legislation is the possibility of an exemption from the insurance requirement or a reduction of the insurance sum if the space activity is in the public interest. This allows the support of space activities that serve science, research, and education. Moreover, the law also provides for the establishment of a national registry for objects launched into outer space by the competent Austrian ministry.


Brazilian Space Law  

Olavo de O. Bittencourt Neto and Daniel Freire e Almeida

The article provides an overview of the Brazilian legal framework for space-related activities, highlighting the main legal instruments and their most relevant provisions. Domestic regulatory initiatives are appraised and contextualized through the review of specific provisions and legal instruments. The Brazilian space program’s normative structure is acknowledged, considering national space policy and applicable legislation. Brazil regulates national space activities through a myriad of regulations and edicts, forming a broad—although fragmented—body of rules. Considered an emerging space power, Brazil has a long-standing and ambitious space program, involving artificial satellites, launch centers, and the eventual development of a national launch vehicle. However, a domestic, general space law, as required by the Federal Constitution of 1988, still awaits to be enacted. The latest developments at the Brazilian Space Agency indicate that it might not be too long for such a federal law to materialize. The importance of a national space law for the implementation of international obligations as well as to ensure legal certainty for governmental and non-governmental national space activities is increasingly realized by space-faring nations. The Brazilian space legal framework represents a relevant case study toward the identification of appropriate legal mechanisms for the regulation of national space activities, taking into account international principles and local perspectives.


Business, Legal, and Policy Issues in Relation to Increased Private Space Activity  

Mark J. Sundahl

Throughout the history of human activity in outer space, the role of private companies has steadily grown, and, in some cases, companies have even replaced government agencies as the primary actors in space. As private space activity has grown and diversified, the laws and regulations that govern private actors have been forced to evolve in reaction to the new realities of the industry. On the international level, the treaties concluded in the 1960s and 1970s continue to be in force today. However, these treaties only govern state activity in space. The rules regulating private industry are necessarily domestic in nature, and it is in these domestic laws that the evolution of space law can be most clearly seen. That said, new industries, such as asteroid mining, are testing the limits of international law and have forced the international community to examine whether changes to long-standing laws are needed.


Ethics of Planetary Science and Exploration  

Jacques Arnould

Since the launch of Sputnik on October 4, 1957, the development of space activities has provided a kind of evidence for the conduct of human affairs, to the point of neglecting to question these activities from an ethical point of view: only since the beginning of the 2000s has a real ethical interrogation within the space community (French Space Agency, International Space University, COPUOS) been developed, in parallel with international law. Taking advantage of a rich cultural background and a cooperative sustained effort, space ethics contributes, for example, to better management of debris orbiting the Earth, evaluation of the social impacts of observation satellite systems, and the arrival of new private entrepreneurs apparently less aware of the impacts of managing space as a common heritage of humanity. If space law provides a possible framework and a set of principles for the current and future management of space activities, ethical principles must be considered to accurately assess their reasons for being and their consequences. The following questions are pertinent today: Has space become a trash can? Is space “Big Brother’s” ally? Is space for sale? Should space be explored at any cost? These issues require special expertise of the situation (e.g., the distribution of debris around the Earth, the capabilities of observation satellites); consideration of the global, dual (civil, military) nature of space; and reference to ethical principles (responsibility, vigilance). Human space flight, space tourism, and the search for extraterrestrial life are also subject to ethical questioning. At the beginning of the 21st century, space ethics remained a goal for the space community.


Human-Robotic Cooperative Space Exploration  

Anne-Sophie Martin

Since the beginning of space exploration, outer space has fascinated, captivated and intrigued people’s mind. The launch of the first artificial satellite—Sputnik—in 1957 by the Soviet Union, and the first man on the Moon in 1969 represent two significant missions in the space exploration history. In 1972, Apollo 17 marked the last human program on the lunar surface. Nevertheless, several robotic spacecrafts traveled to the Moon such as the Soviet Luna 24 in 1976 or more recently China’s Chang’e 4 in 2019 which touched down on its far side, the first time for a space vehicle. The international space community is currently assessing a return to the Moon in 2024 and even beyond in the coming decades, toward the Red Planet, Mars. Robots and rovers, for instance, Curiosity, Philae, Rosetta or Perseverance, will continue to play a major role in space exploration by paving the way for future long-duration missions on celestial bodies. Landing humans on the Moon, Mars, or on other celestial bodies, needs robotics because there are significant challenges to overcome from technological and physiological perspectives. Therefore, the support of machines and artificial intelligence is essential for developing future deep space programs as well as to reach a sustainable space exploration. One can imagine future circumstances where robots and humans are collaborating together on the Moon’s surface or on celestial bodies to undertake scientific research, to extract and to analyze space resources for a possible in situ utilization, as well as to build sites for human habitation and work. Indeed, different situations can be considered: (a) a robot, located on a celestial body, operated by a human on Earth or aboard a space station; (b) the in situ operation of a robot by an astronaut; (c) the interaction between a robot in outer space, manipulated from Earth and an astronaut; (d) the interaction between a robot operated from space and an astronaut; (e) the interaction between a robot with an artificial intelligence component and an astronaut; (f) the interaction between two robots in the case of on-orbit servicing. The principles of free exploration and cooperation are two core concepts in the international space legal framework. Hence, it is necessary to analyse the provisions on the five United Nations space treaties in the context of “human-robotic” cooperation. In addition, the development of a Code of Conduct for space exploration, involving humans and robots, might be needed in order to clearly identify the missions using robotic systems (e.g., mission’s purpose, area of operations) and to foresee scenarios of responsibility and liability in case of damage. Lastly, a review of the dispute settlement mechanisms is particularly relevant as international claims related to human–robot activities will inevitably occur given the fact that their collaboration will increase as more missions are being planned on celestial bodies.


International Geopolitics and Space Regulation  

Gianfranco Gabriele Nucera

Outer space has always assumed a relevant geopolitical value due to strategic and economic reasons. Since the beginning of the so-called space age, national space policies have pursued both political and economic objectives, taking into account fundamental security and military considerations. After the Second World War, the international relations were based on the dichotomy between the United States and the Soviet Union. The foundation of activities in outer space finds its roots in the Cold War and reproduces the distinctive geopolitical dynamics of that historical moment. The diverging interests between the two states were reflected in the political tensions that characterized the competition to reach outer space. The classical geopolitics deals with how states should act in outer space to increase their influence in the international arena. According to the theories developed during the space race, whoever controls outer space controls the world. In this sense, security on Earth depends on the security in space, ensured by national control over the strategic assets. Space applications had indeed a central role in the context of deterrence. In addition, conducting activities in outer space represented an important tool of foreign policy and for the enhancement of international cooperation, mainly within the blocs. International geopolitical dynamics were reflected on space regulations developed during the Cold War era. The 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space (OST) is the main legal instrument, which codifies the general principles in international law of space activities. Over the past few decades, space activities have changed due to the growing participation of non-state actors to the so-called space economy. The end of the Cold War era produced a structural change of the international relations in the space sector. The traditional scheme of cooperation within the Western, or Eastern, bloc was overcome by a stronger multilateral cooperation, such in the case of the International Space Station. Furthermore, the end of the Cold War busted the regionalization of space cooperation. Furthermore, space activities are relevant for the well-being of humankind. Many services provided by public and private companies, such as satellite broadcasting, weather forecasts, or satellite navigation, have a strong socioeconomic impact. In addition, the protection of the environment in outer space has become a central theme in the international debate, with a focus on mitigation and removal of space debris. These issues are reflected in increasing legislation, adopted to regulate space activities on a national level. This evolution, along with technological changes, poses political challenges to the actors involved in the space arena and creates a competitive geopolitical situation in which states aim at protecting their national interests in outer space. In this context, the international space governance plays a fundamental role in bringing together national interests toward a collective interest in protecting and promoting space activities for the benefit of humankind and with due regard to the corresponding interests of all states.


International Liability for Commercial Space Activities and Related Issues of Debris  

Elina Morozova and Alena Laurenava

Space activities are technically sophisticated and challenging endeavors involving high risk. Notwithstanding precautionary measures that are taken by commercial operators, damage may be caused during space objects’ launching, passing through air space, in-orbit maneuvering and operating, and de-orbiting. The rules and procedures aimed at ensuring the prompt payment of a full and equitable compensation for such damage constitute the international liability regime, which is of crucial importance in space law. The first reference to international liability for damage caused by space objects and their component parts on Earth, in air space, or in outer space can be traced back to the very beginning of the space era. In 1963, just a few years after the first ever artificial satellite was launched, international liability was declared by the United Nations General Assembly as one of the legal principles governing the activities of states in the exploration and use of outer space. It was later made legally binding by inclusion in the 1967 Outer Space Treaty and received further development in the 1972 Liability Convention. The latter is generally referred to as lex specialis when the interrelation between the two international treaties is described and introduces several provisions that treat liability for damage caused in specific circumstances somewhat differently. International space law imputes liability on states that launch or procure launchings of space objects and states from whose territory or facility space objects are launched. This does not, however, exclude liability for damage caused by space objects that are operated by private entities. Still, international liability for accidents involving commercial operators stays with the so-called launching states, as this term is defined by the Liability Convention for the same states that are listed in the Outer Space Treaty as internationally liable. Insurance is well known to address damages and liability issues, including those arising from commercial launches; however, it is not always mandatory. Frequently, space-related accidents involve nonfunctional space objects and their component parts, which are usually referred to as “space debris.” This may include spent rocket stages and defunct satellites, as well as fragments from their disintegration. Since the nonfunctional state of a space object does not change its legal status, the relevant provisions of international space law that are applicable to space objects continue to apply to what is called space debris. This means, in particular, that launching states are internationally liable for damage caused by space debris, including cases where such debris was generated by private spacecraft. The probability of liability becomes even higher when it comes to active space debris removal. Such space activities, which are extensively developed by private companies, are inextricably linked to potential damage. Yet, practical problems arise with identification of space debris and, consequently, an efficient implementation of the liability regime.


International Satellite Law  

Frans von der Dunk

International satellite law can best be described as that subset of international space law that addresses the operations of satellites in orbit around the Earth. Excluding, therefore, topics such as manned space flight, suborbital space operations, and any activities beyond Earth orbits, this means addressing the use of satellites for telecommunications purposes, for Earth observation and remote sensing, and for positioning, timing, and navigation. These three major sectors of space activities are, in addition to jointly being subject to the body of international space law, each subject to their specific dedicated legal regime—international satellite communications law, international satellite remote sensing law, and international satellite navigation law.


International Space Law and Satellite Telecommunications  

Elina Morozova and Yaroslav Vasyanin

International space law is a branch of international law that regulates the conduct of space activities. Its core instruments include five space-specific international treaties, which were adopted under the auspices of the United Nations. The first and the underlying one—the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty)—establishes that outer space is free for exploration and use by all states. Such fundamental freedom is exercised by a number of space applications that have become an integral part of modern human life and global economy. Among such applications, satellite telecommunications is the most widespread, essential, and advanced. Indeed, since 1957 when the Soviet Union launched Sputnik 1, the first artificial satellite merely capable of continuous beeping during its 21-day trip around the globe, space technologies have progressed in leaps and bounds. Cutting-edge satellite telecommunications methods ensure instant delivery of huge amounts of data, relay of real-time voice and video, broadcasting of radio and television, and Internet access worldwide. By transmitting signals over any distance telecommunications satellites connect locations everywhere on Earth. A telecommunications satellite’s lifetime, starting from the launch and ending at de-orbiting, is governed by international space law. The latter considers satellites as “space objects” and regulates liability, registration, jurisdiction and control, debris mitigation, and touches upon ownership. Therefore, the first large group of international law rules applicable to satellite telecommunications includes provisions of three out of five UN space treaties, specifically, the 1967 Outer Space Treaty, the 1972 Convention on International Liability for Damage Caused by Space Objects, and the 1976 Convention on Registration of Objects Launched into Outer Space, as well as several UN General Assembly resolutions. To carry out a communication function, satellites need to be placed in a certain orbit and to use radio-frequency spectrum, both limited natural resources. Access to these highly demanded resources, which are not subject to national appropriation and require rational, efficient, and economical uses in an interference-free environment, is managed by the International Telecommunication Union (ITU)—the UN specialized agency for information and communication technologies. The ITU’s core regulatory documents are its Constitution, Convention, and the Radio Regulations, which collectively make up another group of international law rules relevant to satellite telecommunications. Both groups of international law rules constitute the international legal regime of satellite telecommunications and face the challenge of keeping pace with technology advancement and market evolution, as well as with a growing number of states and non-state actors carrying on space activities. These tangible changes need to be addressed in the regulatory framework that cannot but serve as a driver for further development of satellite telecommunications.


State Responsibility and Commercial Space Activities  

Danielle Ireland-Piper, Makaela Fehlhaber, and Alana Bonenfant

Commercial activity in outer space has increased. However, space is a dual-use environment, with both military and civilian applications. This raises the important question as to the extent to which a nation-state is responsible for the actions of commercial activities undertaken by corporate entities. The international law principles of state responsibility are complex. However, in some circumstances, these principles do create that potential for states to be liable where, for example, a corporate entity is a de facto organ of the state, or where a corporation acts on the instructions of a state or is under its control. The United Nations Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, or Outer Space Treaty, provides some guidance on this question. Notwithstanding that, this is an uncertain area of the law, not least because of the complexity of space as an operating environment and complications in determining corporate nationality.


Legal Issues Related to Satellite Orbits  

P.J. Blount

Orbits are unique geophysical features that are best understood as natural resources that are exploitable by humans for a variety of space activities. As with any human activity, the exploitation of these resources results in a variety of legal questions that are driven by their physical features and their uniqueness and scarcity. The law of orbits, or orbital law, is the framework of governance mechanisms that regulate the use of orbits from the perspective of their exploitation as natural resources. This legal framework seeks to govern the allocation of these resources among potential users, the coordination mechanisms among users to avoid conflict, and the protection of orbital resources from detrimental activities.


Liability and Patent Protection for Space Activities in China  

Guoyu Wang and Xiao Ma

Space tort and patent protection are becoming more and more urgent legal issues, in light of rapidly developing space technology and commercialization of space activities. China’s space industry and activities have witnessed rapid progress recently, yet the development of China’s national space law system lags far behind China’s other achievements in space. Existing space laws in China have not expressly stipulated space tort and patent protection. Thus, addressing these issues has to resort to the relevant rules in other national laws or legal documents to recognize and confirm the doctrines of space tort liability, mitigation or exemption of liability, assignment and protection of space patents, etc. Therefore, the two main tasks or topics for the Chinese space law community are defining the applicability of the general rules and establishing a systematic national space law regime. The national space law regime will need to address the uncertainties, loopholes, and insufficiencies in the existing legal system regarding space tort and space patent protection. National tribunals, researchers, lawmakers, and policymakers will require references and guidance for dealing with space tort and patent protection. Meanwhile, international academia and practitioners need to better understand Chinese laws related to space activities, in order to facilitate international cooperation and the settlement of disputes.


The Outer Space Treaty  

Christopher Daniel Johnson

Negotiated at the United Nations and in force since 1967, the Outer Space Treaty has been ratified by over 100 countries and is the most important and foundational source of space law. The treaty, whose full title is “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies,” governs all of humankind’s activities in outer space, including activities on other celestial bodies and many activities on Earth related to outer space. All space exploration and human spaceflight, planetary sciences, and commercial uses of space—such as the global telecommunications industry and the use of space technologies such as position, navigation, and timing (PNT), take place against the backdrop of the general regulatory framework established in the Outer Space Treaty. A treaty is an international legal instrument which balances rights and obligations between states, and exists as a kind of mutual contract of shared understandings, rights, and responsibilities between them. Negotiated and drafted during the Cold War era of heightened political tensions, the Outer Space Treaty is largely the product of efforts by the United States and the USSR to agree on certain minimum standards and obligations to govern their competition in “conquering” space. Additionally, the Outer Space Treaty is similar to other treaties, including treaties governing the high seas, international airspace, and the Antarctic, all of which govern the behavior of states outside of their national borders. The treaty is brief in nature and only contains 17 articles, and is not comprehensive in addressing and regulating every possible scenario. The negotiating states knew that the Outer Space Treaty could only establish certain foundational concepts such as freedom of access, state responsibility and liability, non-weaponization of space, the treatment of astronauts in distress, and the prohibition of non-appropriation of celestial bodies. Subsequent treaties were to refine these concepts, and national space legislation was to incorporate the treaty’s rights and obligations at the national level. While the treaty is the cornerstone in the regulation of activities in outer space, today the emergence of new issues that were not contemplated at the time of its creation, such as small satellites and megaconstellations, satellite servicing missions, the problem of space debris and the possibility of space debris removal, and the use of lunar and asteroid resources, all stretch the coherence and continuing adequacy of the treaty, and may occasion the need for new governance frameworks.


Registration Convention  

Anja Nakarada Pečujlić

The adoption and entering into force of the 1975 Convention on Registration of Objects Launched into Outer Space (also known as the Registration Convention) was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the United Nations Committee on the Peaceful Uses of Outer Space (UN COPUOS) and it represents a lex specialis to the Outer Space Treaty (OST), elaborating further Articles V, VIII, and XI of the OST. Article V OST deals with safe and prompt return of astronauts in case of distress or emergency landing to the state of registry of their space vehicle, which is then further defined in the Registration Convention. Article VIII OST only implied registration and provided for the consequences thereof, namely in respect of exercising jurisdiction and control over a registered space object. However, the Registration Convention specified the ensuing obligations and regulated the necessary practical steps of space objects registration. The Registration Convention also complements and strengthens Article XI OST, which stipulates an obligation of state parties to inform the secretary-general of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of “jurisdiction and control” as a comprehensive concept mentioned in Article VIII OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk of putting, for example, weapons of mass destruction secretly into orbit. Notwithstanding these important objectives, the negotiation history of the Convention and its lower number of ratification compared to the previous three space treaties testify to the numerous challenges that surround registration. The mandatory marking of space objects was one of the most heated points of debate between member states during the drafting of the Convention in the 1970s. Member states had conflicting views, depending on whether they were launching states or potential victims of launch failures. Additionally, questions on whether there should be one central or several registers and whether the type of information to be registered should be obligatory or optional were also pivotal in the discussion. It took five years of negotiation for member states to reach compromises and to adopt the Registration Convention, containing 12 articles. The articles covered issues ranging from registration procedure and different registries to amendments and withdrawal from the Convention. In addition, the following novelties were introduced: a new definition on “state of registry” was included; the “Moscow formula” was abandoned as the depositary was moved to the UN; and the “in five years review” clause found in Article X signified that the drafters were anticipating that technological developments could have such an impact on the Convention’s provisions that shorter time span between reviews were required than in previous space treaties. Despite the Convention’s novelties and its objective to protect the attribution of jurisdiction and control on the basis of a registry, as well as to ensure the rights provided in the Liability Convention and the Rescue and Return Agreement by offering means to identify space objects, the articles dealing with joint launch registration and registration by Intergovernmental Organizations (IGOs) are seen as weakening jurisdiction and control concept. Due to the fact that jurisdiction and control stay only with the state of registry, the other launching states may only conclude appropriate agreements to retain any of these rights. Thus, international responsibility and liability remain with all the launching states, but jurisdiction and control only with the state of registry. Furthermore, in the case of an IGO, the IGO does not have the sovereign authority to exercise jurisdiction and control, thereby raising the question who could do so instead of or on behalf of an IGO. In this regard, the Convention leaves important areas unregulated. In the following years, there were proposals to expand the Registration Convention to encompass other subject matters such as financial interests of assets in outer space; however, up until today, these issues remain regulated only by the UNIDROIT Space Assets Protocol.


Registration of Space Objects  

Bernhard Schmidt-Tedd and Alexander Soucek

Space objects are subject to registration in order to allocate “jurisdiction and control” over those objects in the sovereign-free environment of outer space. This approach is similar to the registration of ships on the high seas and for aircraft in international airspace. Registration is one of the basic principles of space law, starting with the first space-related UN General Assembly (GA) Resolution 1721 B (XVI) of December 20, 1961, followed by UN GA Resolution 1962 (XVIII) of December 1963 then formulated in Article VIII of the Outer Space Treaty of 1967, and later specified in the Registration Convention of 1975. Registration of space objects has arguably grown into a principle of customary international law, relevant for each spacefaring state. Registration occurs at the national and international level in a two-step process. To enter and object into the UN Register of Space Objects, the state establishes a national registry for its space objects and notifies the UN Secretary General of all registered objects. The UN Register is handled by the UN Office for Outer Space Affaires (UNOOSA), which has created a searchable database as an open source of information for space objects worldwide. Registration is linked to the so-called launching state of the relevant space object. There may be more than one launching state for the specific launch event, but only one state can register a specific space object. The state of registry has jurisdiction and control over the space object and therefore no double-registration is admissible. Registration practice has evolved in response to technical developments and legal challenges. After the privatization of major international satellite organizations, a number of nonregistrations had to be addressed. The result was the UN GA Registration Practice Resolution of 2007 as elaborated by the legal subcommittee of the UN Committee for the Peaceful Use of Outer Space. The complexity of space activities and concepts such as megaconstellations present new challenges for the registration system. For example, the Registration Practice Resolution recommends that in cases of joint launches each space object should be registered separately. Registration of space objects is a legal instrument relevant for state responsibility and liability, but it is not an adequate instrument for space traffic management. The orbit-related information of the registration system is useful for identification purposes but not for real-time positioning information. Orbital data to allow positioning, tracking, and collision warnings need to respond to various requirements of accuracy.


Space Commercialization and the Development of Space Law  

Yun Zhao

Shortly after the launch of the first manmade satellite in 1957, the United Nations (UN) took the lead in formulating international rules governing space activities. The five international conventions (the 1967 Outer Space Treaty, the 1968 Rescue Agreement, the 1972 Liability Convention, the 1975 Registration Convention, and the 1979 Moon Agreement) within the UN framework constitute the nucleus of space law, which laid a solid legal foundation securing the smooth development of space activities in the next few decades. Outer space was soon found to be a place with abundant opportunities for commercialization. Telecommunications services proved to be the first successful space commercial application, to be followed by remote sensing and global navigation services. In the last decade, the rapid development of space technologies has brought space tourism and space mining to the forefront of space commercialization. With more and more commercial activities taking place on a daily basis from the 1980s, the existing space law faces severe challenges. The five conventions, enacted in a time when space was monopolized by two superpowers, failed to take into account the commercial aspect of space activities. While there is an urgent need for new rules to deal with the ongoing trend of space commercialization, international society faces difficulties in adopting new rules due to diversified concerns over national interests and adjusts the legislative strategies by enacting soft laws. In view of the difficulty in adopting legally binding rules at the international level, states are encouraged to enact their own national space legislation providing sufficient guidance for their domestic space commercial activities. In the foreseeable future, it is expected that the development of soft laws and national space legislation will be the mainstream regulatory activities in the space field, especially for commercial space activities.


Space Governance  

Rajeswari Pillai Rajagopalan

Outer space is once again facing renewed competition. Unlike in the earlier decades of space exploration when there were two or three spacefaring powers, by the turn of the 21st century, there are more than 60 players making the outer space environment crowded and congested. Space is no more a domain restricted to state players. Even though it is mostly a western phenomenon, the reality of commercial players as a major actor is creating new dynamics. The changing power transitions are making outer space contested and competitive. Meanwhile, safe and secure access to outer space is being challenged by a number of old and new threats including space debris, militarization of space, radio frequency interference, and potential arms race in space. While a few foundational treaties and legal instruments exist in order to regulate outer space activities, they have become far too expansive to be useful in restricting the current trend that could make outer space inaccessible in the longer term. The need for new rules of the road in the form of norms of responsible behavior, transparency and confidence building measures (TCBMs) such as a code of conduct, a group of governmental experts (GGE), and legal mechanisms, is absolutely essential to have safe, secure, and uninterrupted access to outer space. Current efforts to develop these measures have been fraught with challenges, ranging from agreement on identifying the problems to ideating possible solutions. This is a reflection of the shifting balance of power equations on the one hand, and the proliferation of technology to a large number of players on the other, which makes the decision-making process a lot problematic. In fact, it is the crisis in decision making and the lack of consensus among major space powers that is impeding the process of developing an effective outer space regime.


Space Law & Policy: The U.K. Approach to the Regulation of Space Activities  

Christopher J. Newman

Space activity within the United Kingdom (U.K.) has undergone a significant period of change with successive governments viewing space as a significant source of economic growth. This has seen increasing attention being paid to both space policy and regulation. As a signatory to the Outer Space Treaty 1967, the U.K. is internationally responsible for the space activity of both its governmental and commercial entities. These obligations were initially discharged through the Outer Space Act 1986 and the licensing framework that emerged from that. The decision of the government to develop the capability to launch small satellites from within the U.K., coupled with the promise of high-altitude activities and horizontal launch, meant that action was needed to update the law and regulation of space activity within the U.K. The need for investment to fuel the ambition of the U.K. is set out in the National Space Strategy.


Space Law and China  

Fabio Tronchetti

China has made remarkable achievements in the space sector and has become one of the most relevant players in the outer space domain. Highlights of this process have been the deployment in orbit of the first Chinese space station, Tiangong-1, on September 29, 2011, and the landing of the Yutu rover on the lunar surface on December 14, 2013. While technological developments have occurred at such a rapid pace, the same cannot be said of the regulatory framework governing Chinese space activities, which still lays at its infant stage. Indeed, unlike other major spacefaring countries, China lacks a comprehensive and uniform national space legislation; as of now, China has enacted two low-level administrative regulations addressing the issues of launching and registration of space objects. With the growth of the Chinese space program, such a lack of structured national space law is beginning to show its limits and to raise concerns about its negative impact on business opportunities and the ability of China to fully comply with international obligations. One should keep in mind that international space treaties (China is part to four international space law treaties) are not self-executing, thus requiring states to adopt domestic measures to ensure their effective implementation. Importantly, Chinese authorities appear to be aware of these issues; as stated by the Secretary-General of the Chinese National Space Administration (CNSA) in 2014, national space law has been listed in the national legislation plan, and the CNSA is directly engaged in such a process. However, questions remain as to how this drafting process will be conducted and what legal form and content the law will have. For example, China could either decide to proceed with a gradual approach, consisting in the adoption of laws addressing selected issues to be eventually assembled into one single law or to directly move to the adoption of one comprehensive law. In any case, if enacted, a Chinese national space law would represent an important step in the advancement of the Chinese space program and in the progress of international space law as such.